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Tuesday June, 2007.

5th

Travelers Property Casualty Company of America, against Record No. 1056-06-1 Claim No. 220-77-37

Appellant,

Leslie C. Ely, Graycon, Inc., J.F. Schoch Building Corporation and Building Insurance Association, Inc., Travelers Property Casualty Company of America, against Record No. 1057-06-1 Claim No. 221-88-76

Appellees. Appellant,

Matthew L. Bailey, Willie M. Thomas Home Improvements and Uninsured Employer's Fund,

Appellees.

Upon a Rehearing En Banc Before Chief Judge Felton, Judges Benton, Elder, Frank, Humphreys, Clements, Kelsey, Haley, Petty, and Beales

Gerard E.W. Voyer (Audrey Marcello; Taylor & Walker, P.C., on brief), for appellant. Andrew R. Blair (Blair Law Offices, on brief), for appellees J.F. Schoch Building Corporation, Building Insurance Association, Inc. and Uninsured Employer's Fund. Lisa Frisina Clement (Kari Lou Frank; PennStuart, on brief), for appellee Willie M. Thomas Home Improvement. No brief or argument for appellees Leslie C. Ely, Graycon, Inc., or Matthew L. Bailey.

By opinion dated February 6, 2007, a divided panel of this Court affirmed the decision of the Virginia Workers' Compensation Commission. Travelers Property Cas. of Amer. v. Ely, 49 Va. App. 271, 640 S.E.2d 520 (2007). On March 13, 2007, we granted rehearing en banc, vacated the panel

opinion, and stayed the mandate entered on that date. Upon rehearing en banc, the commission's decision is affirmed without opinion by an evenly divided Court. Accordingly, the Court's February 6, 2007 mandate is vacated. The appellant shall pay to appellees Leslie C. Ely and Matthew L. Bailey damages according to law. Judges Elder, Frank, Humphreys, Petty, and Beales voted to affirm the commission's decision. Chief Judge Felton, Judges Benton, Clements, Kelsey, and Haley voted to reverse the commission's decision. This order shall be published and certified to the Virginia Workers' Compensation Commission.

A Copy, Teste: Cynthia L. McCoy, Clerk By: Deputy Clerk

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VIRGINIA:
In the Court of Appeals of Virginia on Tuesday
Travelers Property Casualty Company of America, against Record No. 1056-06-1 Claim No. 220-77-37

the 13th day of March, 2007.
Appellant,

Leslie C. Ely, Graycon, Inc. and J. F. Schoch Building Corporation and Building Insurance Association, Inc.,

Appellees.

Travelers Property Casualty Company of America, against Record No. 1057-06-1 Circuit Court No. 221-88-76

Appellant,

Matthew L. Bailey, Willie M. Thomas Home Improvements and Uninsured Employers' Fund, Upon a Petition for Rehearing En Banc Before the Full Court

Appellees.

On February 16, 2007 came the appellant, by counsel, and filed a petition requesting that the Court set aside the judgment rendered herein on February 6, 2007, and grant a rehearing en banc thereof. On consideration whereof, the petition for rehearing en banc is granted, the mandate entered herein on February 6, 2007 is stayed pending the decision of the Court en banc, and the appeal is reinstated on the docket of this Court. Notwithstanding the provisions of Rule 5A:35, the following briefing schedule hereby is established: Appellant shall file an opening brief upon rehearing en banc within 21 days of the date of entry of this order; appellees shall file an appellee's brief upon rehearing en banc within 14 days of the date on which the opening brief is filed; and appellant may file a reply brief upon rehearing en banc

within 14 days of the date on which the appellees' brief is filed. The appellant shall attach as an addendum to the opening brief upon rehearing en banc a copy of the opinion previously rendered by the Court in this matter. It is further ordered that the appellant shall file twelve additional copies of the appendix previously filed in this case.

A Copy, Teste: Cynthia L. McCoy, Clerk By: Deputy Clerk

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COURT OF APPEALS OF VIRGINIA

Present: Judges Frank, Kelsey and Beales Argued at Chesapeake, Virginia

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA v. Record No. 1056-06-1

LESLIE C. ELY, GRAYCON, INC., J.F. SCHOCH BUILDING CORPORATION AND BUILDING INSURANCE ASSOCIATION, INC. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA v. Record No. 1057-06-1

OPINION BY JUDGE ROBERT P. FRANK FEBRUARY 6, 2007

MATTHEW L. BAILEY, WILLIE M. THOMAS HOME IMPROVEMENTS AND UNINSURED EMPLOYER'S FUND

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Gerard E.W. Voyer (Audrey Marcello; Taylor & Walker, P.C., on briefs), for appellant. Andrew R. Blair (Blair Law Offices, on briefs), for appellees J.F. Schoch Building Corporation, Building Insurance Association, Inc. and Uninsured Employer's Fund. Lisa Frisina Clement (Kari Lou Frank; PennStuart, on brief), for appellee Willie M. Thomas Home Improvement. No brief or argument for appellees Leslie C. Ely, Graycon, Inc. and Matthew L. Bailey.

In this consolidated appeal, Travelers Property Casualty Company (Travelers) appeals two decisions of the Workers' Compensation Commission finding that Travelers failed to

comply with the notice requirements of Code

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